CS/CS/HB 393 Summary

• Creates section 731.1055 establishing that the validity and effect of any disposition of real property in Florida shall be determined by Florida law.

• Authorizes trustees to pay attorney fees and costs from trust assets without prior approval or court authorization when a breach of trust claim is made in a filed pleading, provided the trustee serves written notice of intent on qualified beneficiaries before payment.

• Allows qualified beneficiaries to petition the court for an order compelling return of attorney fees and costs paid from the trust, requiring the court to find a reasonable basis for a breach of trust before denying such a motion.

• Permits trustees to use trust assets to pay attorney fees and costs without further notice if a breach of trust claim is withdrawn, dismissed, or resolved without a court determination of breach.

• Effective date: July 1, 2016.